UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


Vit-J    'f'^^ 


STATE  OF  AYEST  VIKGIIN^IA. 


SCHOOL  LAWS 


PUBLISHED  BY  THE  DEPARTMENT  OF  FREE  SCHOOLS, 


FOR  THE  USE  OF 


SCHOOL  OFFICERS. 


WHEELING: 

JOHN  r.  m'deemot,  public  printer. 


18G5. 


3 


^ 


hi 


FREE  SCHOOL  LAW. 


Passed  December  10th,  186S.    Amended  1864-^'6o. 


An  ACT  Pi'oviding  for  the  Establishinent  of  a  System  of 

Free  Schools. 

Be  it  enacted  by  the  Legislature  of  West  Virginia : 

1.  [As  amended  by  Act  March  second,  1864.1     In  conformity  with  Establishment  of 

tree  schools 
the  provisions  of  the  tenth  article  of  the  constitution,  a  system  of 

free  schools  is  hei-eby  established,  according  to  the  provisions  of  this 
act,  in  order  to  provide  the  means  of  instruction  for  all  the  youth  of 
the  state,  in  such  fundamental  branches  of  learning  as  are  indispen- 
sable to  the  proper  discharge  of  their  social  and  civil  duties ;  and  for 
this  purpose  each  and  every  organized  township  within  the  several 
counties  of  this  State,  or  which  may  hereafter  be  organized  within 
the  same,  is  hereby  constituted  a  school  district,  to  be  confided  to 
the  care  and  management  of  a  board  of  education  as  hereinafter 
constituted. 

2.  At  the  time  and  place  of  holding  elections  for  township  oflScers,  Election  of 

as  provided  in  the  act  entitled  "An  Act  to  regulate  elections  by  the  sfonora?""^™"'" 
people,"    and  in  conformity  with   the  provisions  of  the  same,  the 
qualified  voters  of  the  several  townships  shall,  in  addition  to  the  offi- 
cers therein  specified,  elect  three  school  commissioners,  of  whom  the 
one  having  the  highest  number  of  votes  shall  hold  his  office  for  the 
term  of  three  years;  the  one  having  the  next  highest  number  of  votes 
shall  hold  his  oflSce  for  the  term  of  two  years,  and  the  one  having  the 
next  highest  number  of  votes  shall  hold  his  office  for  the  term  of  one  Theirtorm. 
year ;  and  annually  thereafter  at  the  time  and  place  of  holding  town- 
ship meetings  and  elections,  and  in  conformity  with  the  act  regula- 
ting the  same,  one  commissioner  shall  be  elected  who  shall  hold  his 
office   for  the   term   of  three  years:   provided,    that   if  at   the  first  Proviso  us  to  ties, 
election  any  two  or  more  of  the  school  commissioners  elected  shall 
have  an  equal  number  of  votes,  the  persons  so  elected  shall  deter- 
mine, by  lot,  the  duration  of  their  respective  terms  of  office;  and 
provided  further,  that  no  persons  shall  be  deemed  ineligible  to  the  Aiuiaatoeligi- 
office  of  school    commissioner  in  consequence  of  having  held  the 


HVee  School  Law. 


Qimliflcntion  of 
commissioners. 


VacHucies. 


Township  board 
of  education  con- 
stituted author- 
ity. 


Duties  cf  secre- 
tary thereof. 


His  coinpeuba- 
tion. 


Ennmeration  of 
youth. 


office  the  preceding  term ;  and  that  after  the  first  election  two  com- 
missioners shall  not  be  chosen  from  the  .same  sub-division,  if  there 
be  so  many  as  three  sub-divisions  in  the  township. 

3.  The  commissioners  so  elected  shall,  within  ten  days  after  being 
duly  notified  by  the  township  clerk  of  their  election,  proceed  to 
qualify,  by  taking  the  several  oaths  prescribed  by  law  ;  which  oaths 
the  clerk  of  the  township  is  hereby  authorized  to  administer  to  the 
commissioners  aforesaid  ;  a  copy  of  which  oaths,  signed  by  the  com- 
missioners aforesaid,  shall  be  kept  by  him  upon  the  files  of  his  office. 
And  if  any  vacancy  should  occur  in  the  office  of  school  commissoner 
by  death,  resignation,  refusal  to  serve,  or  otherwise,  the  board  of 
education  of  the  township  shall  fill  such  vacancy  within  ten  days  after 
being  informed  thereof,  by  the  appointment  of  some  suitable  person, 
who  shall  hold  his  office  until  the  next  annual  township  election, 
when  a  commissioner  shall  be  elected  for  the  unexpired  term. 

4.  The  commissioners  so  elected  and  qualified,  together  with  the 
clerk  of  the  township,  shall  constitute  the  board  of  education  of  their 
proper  township,  and  they  and  their  successors  in  office  shall  be  a 
body  corporate  in  law,  under  the  name  and  style  of  "The  Board  of 

Education  of  the  township  of- ,"  and  as  such  may  purchase,  hold 

and  sell  or  convey  real  and  personal  property  for  the  uses  of  educa- 
tion within  their  district,  may  receive  any  gift,  grant,  donation  or 
devise;  may  become  a  party  to  suits  and  contracts;  and  do  other 
corporate  acts.  They  shall  have  the  care,  custody  and  management 
of,  and  be  invested  with  the  title  to,  all  real  and  personal  property 
for  the  use  of  the  public  schools  within  their  district,  and  may  man- 
age or  dispose  of  the  same,  as  in  their  opinion  will  best  subserve  the 
interests  of  education  and  the  benefit  of  the  schools. 

5.  The  clerk  of  the  township  shall  be  the  secretary  of  the  board  of 
education,  but  shall  have  no  vote,  except  in  the  case  of  an  appoint- 
ment to  fill  a  vacancy  in  the  office  of  school  commissioner.  He  shall 
be  present  at  all  meetings  of  the  board,  and  shall  i-ecord  in  a  book  to 
be  provided  for  the  purpose,  all  their  official  acts  and  proceedings, 
which  shall  be  a  public  record,  open  to  the  inspection  of  all  persons 
interested  therein ;  all  which  proceedings,  when  so  recorded,  shall 
be  attested  by  his  signature  thereto  as  secretary  of  the  board.  He 
shall  have  the  care  of,  and  shall  preserve  in  his  office,  all  papers  con- 
taining evidence  of  title,  contracts  and  obligations;  and  in  general 
shall  record  or  keep  on  file  in  his  office  all  such  papers  and  docu- 
ments as  may  be  so  required  by  any  of  the  provisions  of  this  act,  or 
by  the  orders  of  the  board  of  education.  For  his  services  he  shall 
receive  such  compensation  as  the  board  of  education  may  determine. 
In  his  absence  the  board  may  appoint  a  clerk  "pro  tempore. 

6.  The  board  of  education  of  each  school  district  shall,  so  soon  as 
practicable  after  they  are  duly  elected  and  qualified,  and  annually 
thereafter,  within  ten  days  after  the  fourth  day  of  July,  take,  or  cause 
to  be  taken,  an  enumeration  of  all  the  youth,  resident  within  their 
school  district,  between  the  ages  of  six  and  twenty-one  years,  dis- 
tinguishing between  males  and  females,  and  shall  cause  the  result  of 
such  enumeration,  verified  by  the  oath   or  affidavit  of  the  person 


Free  School  Law.  5 

taking  the  same,  to  the  •fFect  that  such  enumeration  is  correct,  and 
that  he  has  used  all  means  within  his  power  to  have  it  so,  to  be 
recorded  in  the  office  of  their  secretary;  which  enumeration  shall  be 
transmitted  by  the  said  secretary  to  the  county  superintendent.  They 
shall  divide  their  district  into  convenient  sub  divisions,  assigning  to  Sub-division  of 
each  not  less  than  fifty  youths,  between  the  ages  of  six  and  twenty- 
one  years,  except  in  cases  where,  in  the  opinion  of  the  board,  it  is 
necessary  to  reduce  the  number  ;  and  shall  cause  to  be  taught  in  each, 
at  the  expense  of  the  district,  one  school  for  not  less  than  six  months 
in  the  year,  in  which  shall  be  taught,  by  competent  teachers  orthog- 
raphy, reading,  writing,  arithmetic,  English  grammar  and  geography, 
with  such  other  branches  as  the  board  may  decide  or  the  circum- 
stances of  the  school  may  require.  In  making  these  sub-divisions 
due  regard  shall  be  had  to  any  school  house  already  erected,  or 
school  house  site  already  procured,  so  far  as  may  be  and  as  shall  best 
subserve  the  interests  of  free  schools. 

7.   [As  amended  1865.1  The  board  of  education  shall  take  the  con-  Management  of 

1  1  /-111  11  •  1  •        1     •       T       .  •      district  schools, 

trol   and   management  oi    ail  the   schools   within  their  district,   in 

pursuance  of  which  they  shall  be  charged  with  the  following  powers 

and   duties:     First,  They  shall  establish  a  sufficient  number  of  free  Eatabiisliment of 

,  .  Bchools. 

schools  for  the  education  and  instruction  of  every  individual  resident 
within  their  district,  between  the  ages  of  six  and  twenty-one  years, 
and  all  persons  resident  within  the  same  who  have  been  honorably  Soldier's  privi- 
discharged  from  the  military  or  naval  service  of  the  United  States  or  ^^'^' 
of  this  State,  who  may  apply  for  admission  and  instruction,  either  in 
person  or  bj» parent,  guardian  or  next  friend,  and  such  person  so  dis- 
charged, shall  be  entitled  to  attend  such  school  for  the  space  of  five 
years.     Second,  They  shall  cause  suitable  lots  of  ground  to  be  pro-  School  houses, 
cured  and  suitable  buildings  to  be  erected,  purchased  or  rented,  for 
school  houses,  and  shall  supply  them  with  the  proper  fuel,  and  with 
such  furniture  and  fixtures  as  are  necessary  to  the  comfort,  health, 
good  order  and  progress  of  the  pupils.     Third,  They  shall  have  the  Teachers  and 
appointment  of  all  the  teachers  of  the  public  schools  within  their 
district,  shall  fix  the  amount  of  teachers'  salaries,  and  may  dismiss  Branches  taught 
them  at  any  time  for  incompetency,  cruelty,  negligence  or  immorality. 
Fourth,  They  shall  direct  what  branches  of  learning,  in  addition  to  Expulsion  of 
those  prescribed  in  the  sixth  section  of  this  act,  shall  be  taught  in  P"P''^- 
each  school,  and  may  suspend  or  expel  from  any  school  any  pupil  visits  of  board  to 
found  guilty,  on  full  examination  and  hearing,  of  refractory  or  incor-  **^  °°  *' 
rigibly  bad  conduct.     Fifth,  They  shall  visit  all  the  schools  of  their 
district  once  within  two  weeks  after  the  opening,  and  again  within 
two   weeks    preceding  the  close  of  each  school,  and  at  such  other 
periods  during  the  term  as  in  their  opinion  the  exigencies  of  each 
school  may  require  ;  at  which  visits  they  shall  examine  the  register  of 
the  teacher  and  see  that  it  is  properly  kept,  and  other  matters  touch- 
ing the  school  house,  furniture,  fixtures,  library,  studies,  discipline, 
mode  of  teaching  and  improvement  of  the  school;  shall  confer  with 
the  teacher  in  regard  to  its  condition  and  management,  and  make  such 
suggestions  as  in  their  view  would  promote  the  interest  and  efficiency 
of  the  school,  and  the  progress  and  good  order  of  the  pupils.    The 


f^OO^i 


7z:.^/c^ 


_.k    ,w-.^r^\^S 


6  Free  School  Laxo. 

results  of  such  visitation  they  shall  caus%  to  be  entered  on  their 
Payment  of  ox-    uiinutes.     Sixt/i,  Thcy  shall  pay  all  necessary  expenses  of  the  schools 
pensesofsi-hoois.  j^y  ^^afts  upon  the  township  treasurer  or  other  proper  disbursing  offi- 
cer, of  the  funds  raised  within  each  district  for  school  purposes,  which 
drafts  shall  be  signed   by  the  clerk  of  the  township^  as  secretary  of 
the  board,  and  an  account  of  the  same  shall  be  entered  by  him  in  a 
Aiinuiii  report      book  to  be  kept  for  the  purpose.     Seventh,  They  shall  annually,  on  or 
counTy  surcrin-    before  the  first  day  of  September  in  each  year,  make  a  report  to  the 
ten  ent.  county  superintendent,  setting  forth  the  number  of  schools  within  their 

districts  ;  the  number  and  condition  of  their  school  houses  ;  the  num- 
ber of  scholars  in  attendance  during  the  year,  distinguishing  between 
males  and  females ;  the  average  of  daily  attendance ;  the  length  of 
time  the  schools  have  been  kept  open  during  the  year ;  the  amout  of 
tax  levied  and  collected  for  school  purposes  within  their  district  during 
the  year ;  the  number  of  teachers  employed,  distinguishing  between 
male  and  female  ;  the  averages  of  each  per  month,  including  board  ; 
the  amount  expended  for  building,  repairing  and  furnishing  school 
houses ;  the  amount  and  value  of  apparatus  and  libraries  belonging 
to  their  district  for  the  use  of  the  schools ;  and  such  other  informa- 
tion as  may  be  necessary  and  beneficial,  in  order  to  form  a  just  esti- 
Settlementswith  mate  of  the  Operation  of  the  school  system.  Eighth,  It  shall  be  the 
rer.  "*  '"'  '^''"^"'  duty  of  the  board  of  education  to  make  settlement  with  the  township 
treasurer  at  their  regular  session  in  April,  annually  ;  but  if  from  want 
of  time  or  other  reason  a  settlement  cannot  be  made  in  that  month, 
then  it  shall  be  the  duty  of  the  board  to  appoint  a  committee  com- 
posed of  one  or  more  of  their  members,  to  make  such  settlement  as 
soon  as  practicable ;  and  the  result  shall  be  reported  to  the  clerk,  and 
.     •<  an  abstract  recorded  in  the  records  of  the  board. 

Transfer  of  pii-         8.  Whenever  it  shall  happen  that  persons  are  so  situated  as  to  be 

pil8  ir  im  onedis-  ,         ,  i  i        i      /^  ^■    ■    ■  >  •  i       i 

tricttoauother.  better  accommodated  at  the  school  ot  an  adjoining  townsuip,  whether 
ill  the  same  or  an  adjoining  county,  or  whenever  it  may  be  desirable 
to  establish  a  school  composed  of  parts  of  two  or  more  townships,  it 
shall  be  the  duty  of  the  respective  boards  of  the  townships  in  which 
such  persons  reside,  or  in  which  such  schools  may  be  situated,  or  of  - 
the  townships  or  parts  of  which  the  school  is  to  be  composed,  to  trans- 
fer such  persons,  for  school  purposes,  to  the  township  in  which  such 
school  house  is  or  may  be  located  ;  but  the  enumeration  of  scholars 

:  !,T  shall  be  taken  in  each  township  as  if  no  such  transfer  had  been  made; 

and  such  school,  when  so  composed,  shall  be  supported  from  the  funds 
of  the  respective  townships  from  which  the  scholars  may  have  been 
transferred  ;  and  the  board  of  that  township  in  which  the  school  house 
is  situated,  shall  have  the  control  and  management  of  such  school ; 
and  the  boards  of  the  adjoining  township  or  townships  so  connected 
for  school  purposes,  shall  each  make  the  proper  estimates  of  their 
share  of  expenses  of  every  kind  necessary  to  sustain  said  school,  and 
certify  the  same  to  the  county  superintendent  as  part  of  their  annual 
estimates  for  school  purposes,  and  draw  orders  on  their  respective 
township  treasurers  for  such  sum  as  will  be  in  proportion  to  the  enu- 
meration of  scholars  so  transferred  in  favor  of  that  township  in  which 
such  school  is  located,  to  be  appropriated  to  the  payment  of  teachers, 


Free  School  Law.  7 

and  for  other  purposes  connected  with  the  establishment  or  mainte- 
nance of  such  school. 

9.  When  any  judgment  shall  be  obtained  against  any  township  board  Collection  of  ac- 
of  education,  it  shall  be  the  duty  of  the  county  superintendent  to  as-  tow i; ship" boards 
sess  the  amount  of  such  judgment  with  interest  and  costs  upon  the  tax- 
able property  of  their  township ;  which  account  shall  be  collected  and 

paid  out  in  the  same  manner  as  other  school  taxes,  upon  the  order  of 
the  clerk  of  said  board  upon  the  township  treasury,  to  satisfy  the 
judgment  aforesaid. 

10.  Whenever,  in  the  opinion  of  the  board,  the  interest  of  educa-  High  sohoois- 
tion  within  their  district  require  that  a  central  or  vmion  school  of 

higher  grade  be  established,  the  said  board  shall  call  a  township  meet- 
ing, by  giving  at  least  ten  days'  notice,  by  written  or  printed  adver. 
tisements,  posted  in  at  least  five  of  the  most  public  places  within  their 
district,  specifying  the  time,  place  and  object  of  the  meeting,  which 
meeting,  when  convened,  shall  be  organized  and  conducted  as  provi- 
ded for  the  annual  township  meetings;  and  when  so  organized,  the 
board  of  education  shall  submit  the  proposition  for  the  establishment 
of  such  school,  with  the  reasons  for  the  same,  together  with  a  care- 
fully prepared  estimate  of  the  cost ;  and  if,  after  full  deliberation  and 
discussion,  two-thirds  of  the  qualified  voters  present  and  voting,  shall 
decide  in  favor  of  the  proposition,  such  school  shall  be  established, 
'and  the  estimated  additional  cost  shall  be  added  to  the  next  annual 
assessment  for  school  purposes  within  the  district,  and  the  board  of 
education  shall  proceed  to  put  such  school  into  operation. 

11.  Such  school,  when  established,  shall  be  for  the  benefit  of  all  the  F^r  whose  bene- 
inhabitants  of  the  district,  and  shall  be  kept  by  a  competent  teacher 

or  teachers,  of  good  moral  character,  who,  in  addition  to  the  branches 
of  learning  prescribed  for  the  primary  schools,  shall  be  capable  of 
giving  instruction  in  book-keeping,  algebra,  geometry  and  surveying, 
with  such  other  branches  pertaining  to  the  natural  sciences  and  gen- 
eral literature,  as  the  board  of  education  may  determine. 

12.  In  regard  to  such  union  schools,  the  several  boards  of  educa-  FuTictions  of 

.,,,,.,.,,  b  ards  of  educa- 

tion snail  be  invested  with  the  same  powers,  and  perform  the  same  ti  .n  resp-ctiag 

duties,  as  in  reference  to  the  primary  schools,  so  far  as  these  are  ap-     '° 

plicable.     They  shall  determine  the  ages  and  qualifications  of  the 

scholars  to  be  admitted  into  them,  and  the  length  of  time  they  are  to 

be  kept  in  operation  during  the  year,  and  shall  report  separately  to 

the  county  superintendent  all  such  facts  in  regard  thereto,  as  will  be 

necessary  to  form  a  just  estimate  of  the  state  of  education  within  their 

district. 

13.  No  school  district  shall  receive  its  share  of  the  state  fund  for  condition  pre- 
the  support  of  free  schools,  unless  the  report  required  to  be  made  by  button  of  etato" 
the  board  of  education  thereof  shall  first  have  been  filed  in  the  office  ^^hooi  fund. 

of  the  county  superintendent,  within  the  time  prescribed  by  law. 

14.  No  teacher  shall  be  employed  to  teach  in  any  of  the  public  Qualifications  of 
schools  of  this  state,  until  he  shall  have  presented  to  the  board  of  '**'^^®'''* 
education  of  the  district  in  which  he  applies,  a  certificate,  in  dupli- 
cate, of  his  qualification  to  teach  a  school  of  the  grade  for  which  he 

applies  ;  the  duplicate  copy  of  which  shall  be  filed  with  the  clerk  of 


8 


Free  School  Law. 


School  regU'ters 


General  duty  of 
teiirbers. 


Schools  for  Oil 
ored  children. 


County  Superin- 
tendent. 


Hia  bond. 


the  township,  and  no  salary  shall  be  paid  to  any  teacher  unless  such 
duplicate  be  filed  as  aforesaid. 

15.  It  shall  be  the  duty  of  every  teacher  to  keep  a  daily  register  of 
his  school,  in  manner  and  form  as  prescribed  by  the  state  superinten- 
dent, blank  forms  of  which  register  shall  be  furnished  to  every  teach- 
er by  the  board  of  education  of  the  district,  at  the  commencement  of 
his  term,  and  at  the  close  thereof  shall  be  deposited  in  the  office  of  the 
township  clerk,  properly  filled  according  to  the  instructions  accompa- 
nying the  same  from  the  state  superintendent,  as  a  condition  prece- 
dent to  his  receiving  his  salary. 

10.  It  shall  be  the  duty  of  all  teachers  employed  in  any  of  the  pub- 
lic schools  of  this  state,  to  inculcate  the  duties  of  piety,  morality,  and 
respect  for  the  laws  and  government  of  their  country  ;  and  all  teach- 
ers, boards  of  education,  and  all  other  school  officers  created  by  this 
act,  are  hereby  charged  with  the  duty  of  providing  that  moral  training 
for  the  youth  of  this  state,  which  shall  contribute  to  securing  good  be- 
havior and  virtuous  conduct,  and  to  furnishing  the  state  with  exem- 
plary citizens. 

17.  (As  amended  1865.)  The  township  boards  of  education  in  their  re- 
spective townships  shall  be,  and  they  are  hereby  authorized  and  requir- 
ed, to  establish  within  their  respective  jurisdictions,  one  or  more 
seperate  schools  for  colored  children,  when  the  whole  number  by  enu- 
meration exceeds  thirty,  so  as  to  afford  them,  as  far  as  practicable  un- 
der all  the  circumstances,  the  advantages  and  privileges  of  a  free  school 
education  ;  and  all  such  schools  so  established,  shall  be  under  the 
management  and  control  of  the  board  of  education;  but  in  case  the 
average  attendance  of  colored  children  shall  be  less  than  fifteen  for 
any  one  month,  it  shall  be  the  duty  of  said  board  or  other  school  officers 
to  discontinue  said  school  or  schools  for  any  period  not  exceeding  six 
months  at  any  one  time,  and  if  the  number  ot  colored  children  shall 
be  less  than  fifteen  in  attendance,  or  not  exceeding  thirty  by  enumer- 
ation, the  directors  shall  reserve  the  money  raised  on  the  number  of 
colored  children,  and  the  money  so  reserved  shall  be  appropriated  for 
the  education  of  such  colored  children  in  such  a  way  as  the  township 
board  shall  think  best. 

18.  (Amended  by  Act  of  March  2,  1864.)  On  the  fourth  Thursday 
of  April  next  ensuing,  and  every  two  years  thereafter,  on  the  day  of 
said  election,  the  voters  of  each  county  shall  elect  a  county  superin- 
tendent of  free  schools,  whose  term  of  office  shall  be  for  two  years, 
to  commence  on  twentieth  day  of  June  succeeding  said  election  ; 
and  he  shall  continue  in  office  until  his  successor  is  elected  and  quali- 
fied. He  shall,  before  entering  upon  the  duties  of  his  office,  execute 
a  bond  before  the  recorder  of  his  county,  in  the  sum  of  five  hundred 
dollars,  with  approved  security" ;  upon  which  bond  he  shall  be  liable 
in  any  court  having  jurisdiction,  to  any  person  or  persons,  or  to  any 
township  board  of  education,  for  losses  sustained  by  reason  of  his 
neglect  or  non-performance  of  duties  imposed  by  this  act.  Said  bond 
shall  be  filed  in  the  office  of  the  recorder  ;  who  shall,  within  five  days, 
certify  to  the  general  superintendent  of  free  schools,  the  name  of  said 
county  superintendent  and  his  post  office  address. 


Iree  School  Law.  9 

19.  The  county  superintendent  shall  be  liable  to  removal  by  the  ^^'^  liability  to 
board  of  supervisors  for  any  palpable  violation  of  law  or"  omission  of  • 
duty.     But  no  such  superintendent  shaU  be  removed  for  such  violation 

of  law  or  omission  of  duty,  unless  charges  thereof  shall  be  preferred 

to  the  board  of  supervisors,  and  a  notice  of  the  hearing,  with   a  copy 

of  the  charges  delivered  to  such  superintendent,  and  an  opportunity 

given  him  to  be  heard  in  his  defence.     And  when  the  office  of  county  Vacancies. 

superintendent  shall  become  vacant  from  any  cause,  the  said  board  of 

supervisors  shall  fill  the  same,    by   appointment,    for    the   unexpired 

term :  and  the  person  so  appointed,  shall  give  the  requisite  bond  and 

hold  his  ofiice  until  his  successor  shall  be  qualified. 

20.  The  county  superintendent  shall  examine  all  candidates  for  the  Duties  of  County 
profession  of  teacher,  as  to  their  competency  and  capacity  to  teach  ^"P'"'"''^^'^®^*- 
orthography,   reading,    writing,     arithmetic,     english   grammar    and 
geography,  if  the  aplication  is  for  a  primary  school  ;  and  if  the  appli- 
cation is  for  a  union  or  central  school,  he  shall  examine  the  applicant 

as  to  his  competency  and  capacity  to  teach  the  additional  branches 
required  for  such  school ;  and  if  satisfied  of  the  competency  and 
capacity  of  the  applicant  to  teach  and  govern  such  school,  and  that  he 
or  she  is  of  good  moral  character,  he  shall  give  a  certificate,  in  dupli- 
cate, accordingly.  The  county  superintendent  shall  keep  a  register  of 
all  those  to  whom  certificates  have  been  awarded,  stating  the  character 
and  grade  of  certificate,  and  the  time  when  issued.  No  certificate 
issued  by  a  county  superintendent,  shall  be  of  force,  except  in  the 
county  in  which  it  was  issued,  nor  for  a  longer  period  than  one  year  ; 
and  the  county  superintendent  may  revoke  the  certificate  of  any 
teacher  within  the  county,  for  any  cause  which  would  have  justified 
tha  withholding  thereof,  when  the  same  was  granted,  by  giving  ten 
days  notice  to  the  teacher  and  the  board  of  education  by  whom  he  is 
employed,  of  his  intention  to  revoke  such  certificate. 

21.  (As  amended  1865).  It  shall  be  the  duty  of  the  county  Duties  of  County 
superintendent  to  visit  all  the  schools  within  his  county,  and  to  note  '  "^'^"''  ®°  ^^  ' 
the  course  and  method  of  instruction,  and  the  branches  taught,  and  to 

give  such  directions  in  the  art  of  teaching  and  the  method  thereof,  in 
each  school,  as  to  him  shall  seem  necessary  and  expedient,  so  that 
uniformity  in  the  course  of  studies,  and  methods  of  instruction 
employed,  shall  be  secured  as  far  as  practicable  in  the  schools  of  the 
several  grades  respectively.  He  shall  acquaint  himself,  so  far  as  prac- 
ticable, with  the  character  and  condition  of  each  school,  noting  any 
deficiencies  that  may  exist,  either  in  the  government  of  the  school,  the 
classification  of  its  pupils,  or  the  method  of  instruction  employed  in 
the  several  branches,  and  shall  make  such  suggestions,  in  private  to 
the  teachers,  as  to  him  shall  appear  to  be  necessary  to  the  good  order 
of  the  school  and  progress  of  the  pupils.  He  shall  note  the  character 
and  condition  of  the  school  houses,  the  sufficiency  or  insufficiency  of 
their  furniture  and  fixtures  :  and  shall  make  such  suggestions  to  the 
several  township  boards  of  education  as  in  his  opinion  shall  seem  con- 
ducive to  the  comfort  and  progress  of  the  pupils  of  the  several  schools. 

22.  It  shall  be  the  duty  of  the  county  superintendent  to  aid  the  Duties  of  County 
teachers  in  all  proper  efforts  to  improve  themselves  in  their  profession.  "^"P^^nioudent. 

2 


10  Free  School  Law. 

For  this  purpose  he  shall  encourage  the  formation  of  county  associa- 
tions of  teachers  for  mutual  improvement ;  shall  attend  the  meetings 
of  such  associations  wheneve*  practicable,  and  give  such  advice  and 
instruction  in  regard  to  their  conduct  and  management,  as  in  his  judg- 
ment, Avill  contribute  to  their  greater  efficiency.  In  connection  with 
the  superintendents  of  adjoining  counties,  each  county  superintendent 
shall  encourage  the  formation  of  teachers'  institutes  ;  shall  attend  and 
participate  in  the  exercises  of  the  same,  so  far  as  practicable  ;  and 
shall  use  all  proper  means  to  improve  the  efficiency  of  the  teachers, 
and  to  elevate  their  profession.  He  shall  use  all  proper  means  to 
create  and  foster  among  the  people  an  interest  in  free  schools,  and  for 
this  purpose,  shall,  as  far  as  practicable,  take  advantage  of  such  public 
occasions  as  may  present  themselves,  as  the  dedication  of  school 
houses,  public  examinations,  &c.,  to  impress  upon  the  people  the  im- 
portance of  public  education,  and  the  duty  of  sustaining  the  system 
of  free  schools  as  established  by  law.  He\shall  at  all  times,  conform 
to  the  instructions  of  the  state  superintendent,  as  to  all  matters  within 
the  jurisdiction  of  the  said  superintendent,  and  shall  serve  as  the 
organ  of  communication  between  him  and  the  several  township  boards 
of  education.  He  shall  distribute  from  his  office,  all  blanks,  circulars, 
copies  of  school  laws,  and  other  communications  from  the  state  super- 
intendents, to  the  several  boards  and  persons  entitled  to  receive  the 
same. 

Duties  of  County      23.  It  shall  be  the  duty  of  the  county  superintendent  to  secure,  as 
feupeimtendent.  .„.        .,  ,  ,., 

far  as  practicable,  uniformity  in  the  text  books  used  in  the  schools 

throughout  his  county  ;  but  no  county  superintendent  shall  act  as 
agent  for  any  author,  publisher  or  book-seller ,  nor  shall  directly  or 
indii'ectly  receive  any  gift,  emolument  or  reward  for  his  influence  in 
recommending  the  use  of  any  book  or  school  apparatus  or  furniture  of 
any  kind  whatever.  Any  act  herein  prohibited,  shall  be  deemed  a 
violation  of  his  official  oath ;  and  any  offer  or  solicitation  to  such  an 
act,  shall  be  considered  an  attempt  to  bribe  and  corrupt  a  public 
officer. 
Du'ies  of  County  ^^-  I*  shall  be  the  duty  of  the  several  county  superintendents  to 
Superintendent,  jgcelve  and  revise  the  reports  from  the  several  township  boards,  and 
to  see  that  they  are  in  proper  form  and  according  to  the  intent  and 
spirit  of  the  law,  and  where  deficiencies  exist  to  return  them  for  cor- 
rection. It  shall  be  their  duty  to  make  out  from  these  reports  and 
from  their  own  information,  a  report  for  each  county  in  tabular  form 
to  the  state  superintendent,  setting  forth,  under  appropriate  heads, 
the  following  items,  viz :  The  number  of  schools  in  each  district ;  the 
average  number  of  months  the  schools  have  been  taught  during  the 
year;  the  number  of  male  teachers  ;  the  number  of  female  teachers  ; 
the  average  salarly  per  month  of  male  teachers ;  the  average  salary 
per  month  of  female  teachers ;  whole  number  of  youtli  within  [each 
district  between  the  ages  of  six  and  twenty-one  years ;  the  number 
entered  in  the  schools  of  the  district ;  the  average  daily  attendance  ; 
amount  levied  within  each  district  for  the  support  of  schools ; 
amount  levied  for  building  purposes;  amount  received  from  state 
appropriation ;  cost  of  construction  ;  fuel  and  contingencies  ;    and 


JBree  School  Law.  ij 

amount  expended  for  purchasing,  renting,  repairing  and  furnisliing 
school  houses.  In  addition  to  this  report,  it  shall  be  the  duty  of  the 
county  superintendent  to  make  out  and  transmit  to  the  state  superin- 
tendent a  detailed  report  of  the  condition  and  character  of  the  schools 
within  his  county,  noting  all  deficiencies  and  suggesting  their  reme- 
dies, with  such  remarks  upon  the  operation  of  the  school  laws  as  his 
experience  and  observation  may  have  suggested,  pointing  out  wherein 
he  regards  them  as  deficient,  and  what  amendments  may  be  required 
to  render  them  efficient.  He  shall  also  reportsuch  townships  in  which 
the  boards  of  education  have  failed  to  make  return  of  the  enumeration 
of  youth  as  required  in  the  sixth  section  of  this  act. 

25.  (As  amended,  I860.)  It  shall  be  the  duty  of  the  board  of  super-  couiuTs'nperinf 
visors  to  make  such  allowance  out  of  the  school  fund,  in  payment  for  s^chno'i''commi8- 
their  services,  to  each  county  superintendent,  not  less  than  one  hun-  sitmors. 

dred  nor  more  than  five  hundred  dollars,  and  to  each  school  commis- 
sioner not  more  than  one  dollar  per  diem  while  on  duty,  as  justice  and 
right  may  require. 

26.  The  state  superintendent  shall  be  elected  by  a  ioint  vote  of  both  state  Supftrin- 

^  •'      ■>  tendent— how- 

branches  of  the  legislature.     He  shall  hold  his  office  for  the  term  of  elected  and  term 

.       .  .  .  .  0'. 

two  years  and  until  his  successor  is  qualified.     The  first  election  shall 

be  at  the  session  of  the  legislature  convening  on  thejjhlrd  Tuesday  of 
January,  eighteen  hundred  and  sixty-four.  The  state  superintendent 
first  elected  shall  hold  his  office,  commencing  on  the  first  day  of  June 
next,  for  the  unexpired  term  ending  on  the  third  day  of  March,  eigh- 
teen hundred  and  sixty-five.  When  a  vacancy  may  occur  in  said  office  Vacancies. 
by  death,  resignation,  or  otherwise,  the  governor  shall  fill  the  same  by 
appointment  for  the  unexpired  term. 


o 


Before  entering  upon  the  discharge  of  his  official  duties,  the  said  s,°pe*^rfnteudent 
state  superintendent  shall  give  bond  in  the  sum  of  three  thousand  dol- 
lars, wiih  good  security;  which  bond,  with  the  certificate  of  his  oath 
endorsed  thereon,  made  and  taken  before  the  secretary  of  the  state, 
shall  be  filed  in  the  office  of  the  treasurer  of  the  state. 

28.  The  state  superintendent  shall  be  charged  with  the  general  s"pe?intendeift 
supervision  of  all  county  superintendents  and  all  the  free  schools  of 
the  state  ;  and  shall  see  that  the  school  system  is,  as  early  as  practica- 
ble, carried  into  effect  and  put  in  uniform  operation.  He  shall  pre- 
scribe and  cause  to  be  prepared  all  forms  and  blanks  necessary  in  the 
derails  of  the  system  so  as  to  secure  its  uniform  operation  throughout 
the  state  ;  and  shall  cause  the  same  to  be  forwarded  to  the  severtl 
county  superintendents,  to  be  by  them  distributed  to  the  several  per- 
sons entitled  to  receive  the  same.  He  shall  decide  upon  a  written 
statement  of  the  facts,  all  questions  and  controversies  arising  out  of 
the  interpretation  and  construction  of  the  school  laws  in  regard  to  the 
rights,  powers  and  dutjes  of  township  boards  of  education,  schocl 
commissioners  and  county  superintendents,  and  shall  keep  a  record  of 
all  such  decisions.  He  shall  cause  as  many  copies  of  this  act  and 
\ill  other  school  acts  in  force,  with  th  j  above  decisions  appended 
thereto,  with  such  forms,  regulations  and  instructions  as  he  may  judge 
expedient,  thereto  annexed,  to  be  from  t'me  to  time  published,  as  he 
may  deem  expedient ;  and  shall  cause  the  same  to  be  forwarded  to 


12 


Iree  School  Law. 


Duties  of  State 
Superinteudeiit. 


Duties  of  Stato 
Superintendent, 


Duties  of  State 
Superintendent. 


Office  of  State 
Superintendent. 


the  county  superintendents,  to  be  by  them  distributed  to  the  persons 
entitled  to  receive  tliein. 

29.  He  shall,  at  the  time  and  place  to  be  appointed  by  him,  convene 
the  county  superintendents  within  each  judicial  circuit  of  the  state  once 
in  each  year,  for  the  purpose  of  conference  upon  the  interests  of  edu- 
cation within  their  several  jurisdictions,  and  giving  such  instructions 
and  making  such  suggestions  in  regard  to  the  discharge  of  their 
several  duties  as  to  him  may  seem  expedient,  and  as  the  interests  of 
education  may  seem  to  require.  He  shall  take  advantage  of  such 
meetings  to  address  the  people  on  the  subject  of  education,  and  in 
exposition  of  the  system  of  free  schools  as  established  in  this  state. 

30.  It  shall  be  the  duty  of  the  state  superintendent  to  aim  at  per- 
fecting the  system  of  free  schools  as  established  in  this  state  ;  and  for 
this  purpose  it  shall  be  his  duty  to  correspond  with  educators  and 
school  officers  abroad,  to  acquaint  himself  with  the  various  systems 
of  free  schools  established  in  other  states  and  in  other  countries,  to 
collate  their  results  as  exhibited  in  the  reports  of  their  several  superin- 
tendents, and  to  use  all  efforts  and  means  which  will  be  necessary  to 
enable  him  to  render  available  to  the  purposes  of  the  legislature,  the 
combined  results  of  the  experience  of  other  communities,  with  his 
own  experience 'and  observation.  He  shall  acquaint  himself  inti- 
mately with  the  peculiar  educational  wants  of  each  section  of  the 
state,  and  shall  take  all  proper  means  to  supply  them,  so  that  the 
schools  shall  be,  as  nearly  as  possible,  equal  and  uniform  in  grade 
throughout  the  state.  He  shall  acquaint  himself  with  the  different 
systems  and  methods  of  instruction  which  may  be  introduced  among 
educators,  and  shall  explain  and  recommend  such  as  experience  and 
sound  principles  of  education  may  have  demonstrated  to  be  valuable  ; 
and,  generally,  it  shall  be  his  duty  to  endeavor  to  render  available  to 
the  people  of  this  state  all  such  improvements  in  the  system  of  free 
schools,  and  in  the  methods  of  instruction,  as  may  have  been  tested 
and  proved  by  the  experience  of  other  communities  and  the  best  edu- 
cators abroad. 

31.  (As  amended  February  1865.)  He  shall,  annually,  on  or  before 
the  fifteenth  day  of  March,  report  to  the  auditor  the  number  of  per- 
sons between  the  ages  of  six  and  twenty-one  years  in  each  county  in 
the  state,  also  all  township  boards  which  have  failed  to  make  the 
enumeration  required  in  the  sixth  section  of  this  act ;  and  shall,  at 
each  session  of  the  legislature,  make  a  report  to  the  same  in  regard  to 
the  condition  of  free  schools  within  the  state,  embracing  all  statistics 
compiled  from  the  reports  of  the  county  superintendents,  which  will 
be  necessary  to  give  a  proper  exhibition  of  the  workings  of  the  system, 
together  with  such  plans  as  he  may  have  matured  for  the  management 
and  improvement  of  the  free  school  fund,  and  for  the  better  and  more 
perfect  organization  and  efficiency  of  free  schools,  and  likewise  all 
such  matters  in  relation  to  his  office  and  to  the  free  schools  as  he  may 
deem  it  expedient  to  communicate. 

32.  The  state  superintendent  shall  have  his  office  at  the  seat  of  gov- 
ernment, where  a  suitable  office  shall  be  provided  for  him,  supplied 


Free  School  Laws.  13 

with  the  necessary  furniture  and  fixtures,  and  provided  with  such 
blank  books  and  stationery  as  the  business  of  the  oflBce  may  require. 

33.  He  shall  provide  a  seal  with  suitable  device,  for  the  department  partnfent^of  frle 
of  free  schools,  and  copies  of  papers  deposited  or  filed  therein,  and  schools. 

all  official  acts  and  decisions,  may  be  authenticated  under  said  seal, 
and  when  so  authenticated,  shall  be  evidence  equally  and  in  like  man- 
ner with  the  originals.  He  shall  sign  all  requisitions  on  the  auditor  Disb«r'ement  of 
for  the  payment  of  such  money  to- the  treasurers  of  the  several  coun- 
ties for  the  use  of  the  free  schools  as  they  may  be  entitled  to  receive 
from  the  state;  and  for  all  other  money  to  be  paid  out  of  the  treasury 
of  the  state  for  school  purposes. 

34.  He  shall  receive  annually,  the  sum  of  one  thousand  five  hun-  Salary  of  state 
dred  dollars  in  payment  of  his  services,  to  be  paid  quarterly  out  of  the 

school  fund,  upon  the  warrant  of  the  auditor. 

35.  In  order  to  afi'ord  encouragement  and  incentive  to  teachers  to  Examination  of 
perfect  themselves  in  their  profession,  and  at  the  same  time  to  secure  granting  of  cer- 

tificfifp 

the  profession  from  the  intrusion  of  unworthy  members  and  the  public 
from  the  evils  of  incompetent  teachers,  the  following  regulations  shall 
be  observed  by  county  superintendents  in  regard  to  examinations  and 
the  granting  of  teachers'  certificates :     First,  No  applicant  shall  be  Good  moral 
admitted  to  an  examination  unless  the  county  superintendent  shall  loyalty  required, 
have  reasonable  evidence  that  he  or  she  is  of  good  moral  character, 
and  loyal  to  the  Government  of  the  United  States.  Profanity,  obscen- 
ity and  intemperate  habits,  shall  always  be  held  to  exclude  from  the 
privilege  of  an  examination.     Second,  No  college  diploma  or  certifi-  Diplomas,  Ac, 
cate,  or  recommendation  from  the  president  or  faculty  of  any  college  ^^'^'sgarded. 
or  academy,  shall  be  taken  to  supersede  the  necessity  of  examination 
by  the  county  superintendent.     Third,  County  superintendents  shall  Grading  of  cer- 
grade  the  certificates  granted  according  to  the  following  scheme,  num-  County^Superin- 
bering  them  according  to  the  merits  of  the  applicant  fiom  one  to  five.  ^^^  *°'*' 
Number  three  shall  be  assumed  as  the  medium  between  a  very  good 
and  an  indifferent  teacher,  so  that  the  scheme  will  stand  thus :   Num- 
ber one,  a  very  good  teacher — one  accomplished  in  every  respect ; 
number  two,  a  good  teacher ;  number  three,  medium  ;  number  four, 
below  medium ;  number  five,  indifl'erent.     A  number  five  certificate 
shall  never  be  granted  to  any  teacher  more  than  once.  If,  upon  a  sec- 
ond examination,  the  applicant  is  not  found  entitled  to  a  higher  grade, 
no  certificate  shall  be  granted.     A  number  four  certificate  shall  not  be 
granted  more  than  twice  in  succession  to  the  same  applicant.     If,  at 
the  third  examination,  the  applicant  is  not  found  entitled  to  a  higher 
grade,  no  certificate  shall  be  granted.  When  any  teacher  has  received  Examination 

°  '  °  ■'  and  certificate 

three  number  one  certificates,  he  shall  be  entitled  to  receive  from  the  ^^  *^'^*«  super- 
intendent. 

county  supermtendent  a  recommendation  to  the  state  superintendent 
for  examination,  and  if  found  worthy,  the  state  superintendent  shall 
grant  him  a  professional  certificate  in  proper  form,  engraved  upon 
parchment,  authenticated  by  the  seal  of  his  office  and  attested  by  his 
signature  thereto  ;  by  which  certificate  the  bearer  shall  be  held  to  be 
legally  admitted  to  the  pr6fession  of  teacher  within  the  state  of  West 
Virginia,  which  certificate  shall  be  valid  throughout  the  state  and 
during  the  life  of  the  bearer  thereof:  provided,  that  the  state  super- 


14  Free  School  Zaiv. 

intendent  may  revoke  such  professional  certificate  for  immorality  or 

Foo  t]iei-cfor.       disloyalty  when  clearly  proven.     For  every  professional  certificate  so 

granted,  a  fee  of  three  dollars  shall  be  charged,  to  be  applied  to  the 

Such  certificate     use  of  free  schools.     And  it  is  further  provided,  that  from  and  after 
a  condition  ot  «    ,  .  i     n    i         t    -i  i 

eiisibiity  as         live  years  irom  the  passage  of  this  act,  no  person  shall  be  eligible  to 

tendeiit.  the  office  of  county  superintendent  who  shall  not  have  received  such 

professional  certificate.  And  it  is  hereby  made  the  duty  of  each 
county  superintendent,  on  or  before  the  first  day  of  June  in  each  year. 

Lists  of  cerfifi-  to  make  out  and  transmit  to  the  state  superintendent  a  list  of  all  can- 
didates examined  by  him  during  the  year,  stating  their  names  and 
residence,  with  the  grade  of  certificate  granted  to  each  ;  from  which 
the  state  superintendent  shall  make  out  and  transmit  to  the  county 
superintendents  a  general  list  containing  the  names,  residence  and 
grade  of  certificate  of  each  person  examined  within  the  state  during 
the  year  ;  which  list  shall  be  kept  in  the  offices  of  the  county  superin- 
tendents for  information  and  reference. 

General  school         36.  There  shall  be  constituted  a  fund  for  the  support  of  free  schools, 

""^  ■  which  shall  belong  in  common  to  the  people  of  this  state,  and  which 

shall  consist  of  all  such  sums  as  have  accrued  or  may  hereafter  accrue 

to  this  state  from  any  of  the  sources  enumerated  in  the  first  section  of 

the  tenth  article  of  the  constitution  ;  and  it  is  hereby  made  the  duty 

of  the  auditor,  from  and  after  the  passage  of  this  act,   and  from  time 

Duty  of  Auditor  ^q  ti^ne  thereafter,  as  such  sums  may  accrue  to  and  be  paid  into  the 
respecting.  '  •'  '^ 

treasury  of  the  state,  to  pass  such  sums  of  money  to  the  credit  of  the 
free  school  fund  ;  and  the  state  of  West  Virginia  is  hereby  pledged  to 
pay  the  interest  annually  on  all  such  sums  of  money  as  may  have  been 
paid  into  the  treasury  of  the  state,  from  any  of  the  sources  above 
mentioned,  at  the  rate  of  six  per  cent,  per  annum.  And  it  is  further 
made  the  duty  of  the  said  auditor,  to  open  in  a  book  to  be  provided 
for  the  purpose,  an  interest  account  with  the  said  fund,  in  which  shall 
be  stated  all  items  of  interest  accruing  from  said  fund  from  the  time 
any  principal  sum  was  paid  into  the  treasury,  until  the  end  of  the 
fiscal  year ;  which  interest  shall  be  distributed  among  the  several 
counties  of  this  state,  for  the  support  of  free  schools  as  hereinafter 
provided.  And  it  is  further  made  the  duty  of  the  said  auditor,  as 
soon  as  a  state  superintendent  is  elected  and  qualified,  according  to 
the  provisions  of  this  act,  to  ascertain  and  report  to  the  said  superin- 
tendent all  sums  belonging  to  the  literary  fund  of  Virginia  which  may 
have  been  invested  within  the  boundaries  of  this  state,  whether  loan- 
ed to  corporations  or  private  individuals,  or  invested  in  any  kind  of 
stocks,  and  what  interest  or  dividends  may  have  accured  thereon  to 
the  credit  of  the  literary  fund  since  the  first  day  of  June,  eighteen 
hundred  and  sixty-one,  and  how  thfe  same  has  been  disposed  of. 
School  fuuii  for  37.  (As  amended  Feb.  25th,  1865.)  There  shall  likewise  be  distri- 
btited,  according  to  the  second  section  of  the  tenth  article  of  the  con- 
stitution, and  in  the  manner  herein  provided,  the  net  proceeds  of  all 
fines,  confiscations  and  forfeitures  accruing  to  this  state  under  the  laws 
thereof,  together  with  the  proceeds  of  a  capitation  tax  of  one  dollar 
on  each  white  and  colored  male  inhabitant  over  twenty-one  years  of 
age,  and  such  sum  as  may  be  produced  by  a  tax  often  cents  upon  the 


Free  School  Law.  .  15 

hundred  dollars  valuation  of  all  taxable  property  of  the  state  at  the 
last  annual  assessment ;  which  tax  shall  be  assessed  and  collected  at 
the  same  time  and  in  the  same  manner  as  other  state  taxes  are  assess- 
ed and  collected.     And  the  officer  collecting  such  tax  shall  be  allowed  a  Collection  of 
•     •         1-  1  school  tax  on 

commission  thereon,  at  the  same  rate  per  cent  as  may  be  allowed  by  law  property. 

for  the  collection  of  other  state  taxes  ;  which  taxes,  when  so  collect- 
ed, shall  be  paid  into  the  treasury  of  the  state,  to  be  distributed  annu- 
ally with  other  school  funds  herein  described,  to  the  several  counties 
of  the  state  in  proportion  to  their  enumeration  of  scholars. 

38.  It  shall  be  the  duty  of  the  auditor,  on  or  before  the  first  day  of  Apportionment 
April  in  each  year,  after  deducting  the  salary  of  the  state  superinten-  auditor '^'™**'''^ 
dent  and  all  the  necessary  expenses  of  his  office,  to  apportion  among 

the  several  counties  of  the  state,  the  money  remaining  in  the  treasury 
for  distribution  for  school  purposes,  according  to  the  number  of  youth 
resident  in  each  county  of  the  state,  between  the  ages  of  six  and 
twenty-one  years,  according  to  the  list  furnished  him  by  the  state  su- 
perintendent, and  to  notify  the  said  superintendent  of  such  appor- 
tionment, with  the  amount  which  each  county  is  entitled  to  receive. 
The  said  superintendent  shall  thereupon  draw  his  requisitions  upon  Duties  of  stato 
the  auditor  in  favor  of  the  treasurers  of  the  several  counties,  for  such  respecting.  "" 
amounts  as  they  are  respectively  entitled  to  receive,  according  to  the 
apportionment  of  the  auditor,  and  shall  at  the  same  time  notify  the 
several  county  superintendents  of  the  amounts  to  which  their  several 
counties  are  entitled.  And  each  county  superintendent,  upon  receiv- 
ing notification  of  the  amount  to  which  his  county  is  entitled,  shall, 
after  deducting  the  amount  of  his  own  salary,  apportion  the  remainder 
among  the  several  townships  of  his  county  entitled  thereto,  according 
to  the  number  of  youth  resident  within  the  same,  between  the  ages  of 
six  and  twenty-one  years,  and  shall  notify  the  several  township  clerks 
of  the  amount  appropriated  to  their  respective  townships. 

39.  (As  amended  186-5.)  It  shall  be  the  duty  of  the  board  of  edu- 
cation of  each  township  of  the  state,  to  submit  to  a  meeting  of  the 
qualified  voters  of  their  township,  at  the  regular  annual  township 
meeting,  an  estimate,  as  near  as  practicable,  of  the  amount  of  money 
necessary  for  the  purpose  of  prolonging  the  schools  in  the  districts 
after  the  state  funds  have  been  exhausted,  so  that  free  schools  shall 
be  continued  in  every  district  for  the  term  of  six  months,  at  least,  in 

each  year ;  and  said  meeting  shall  have  authority  to  assess  the  amount  Township  levies 
of  tax  to  be  levied  for  such  purpose,  not  exceeding  twenty-five  cents  f^r  school  purpo- 
upon  the  hundred  dollars  valuation,  as  aforesaid.  The  minutes  of 
the  meeting  shall  be  recorded  and  preserved  in  the  record  book  of  the 
township  board  of  education.  And  the  rate  per  cent  so  decided  upon 
the  board  shall  make  known  by  certificate  in  writing,  within  ten  days, 
including  any  tax  which  may  have  been  voted  by  a  special  meeting, 
for  the  establishment  of  high  schools,  as  provided  in  the  tenth  sec- 
tion to  the  assessor,  who  shall  le^y  the  entire  amount  of  such  assess- 
ment on  all  the  taxable  property  of  the  township;  and  make  a  return 
thereof  to  the  county  superintendent,  and  such  taxes  so  levied  for 
school  purposes,  shall  be  collected  as  the  state  taxes  are  collected. 
And  the  officer  collecting  the  same  shall  be  allowed  a  commission 


16 


Free  School  Law. 


Commission  for 
collecting  tho 
same. 


Township  treas- 
nrer. 


His  bond. 


Duties  of  towu- 
ship  clerk  re- 
specting the 
same. 


Restrictions  on 
treasurer  by 
county  superin- 
tendent. 


Treasurer's  an- 
nual settlement. 


Delivery  of  pa-j 
pers  and  books 
at  expiration  of 
his  term. 


Failure  of  treas- 
urer to  make  an- 
nual settlement. 


thereon  at  the  same  rate  per  cent  as  may  be  allowed  for  the  collection 
of  said  state  taxes,  and  he  shall  make  payment  of  said  moneys  to  the 
treasurer  of  the  township  as  other  school  funds  are  paid. 

40.  The  township  treasurer  shall  be  the  treasurer  of  all  school  funds  ^ 
belonging  to  the  township,  arising  from  whatever  sources;  and  before 
entering  upon  the  duties  imposed  by  this  act,  he  shall  give  bond  with 
security,  approved  by  the  board  of  education  for  the  township,  in 
double  the  probable  amount  of  money  that  shall  come  into  his  hands; 
and  said  bond  shall  be  filed  with  the  clerk  of  the  township;  and  on 
the  forfeiture  of  such  bond,  it  shall  be  the  duty  of  the  township  clerk 
to  prosecute  and  collect  the  same  for  the  use  of  free  scliools  in  the 
township,  and  if  such  township  clerk  shall  neglect  or  refuse  to  so 
prosecute,  then  any  freeholder  may  cause  such  prosecution  to  be  in- 
stituted. 

41.  The  county  superintendent  shall  issue  to  the  township  treasurer 
an  order  for  the  payment  to  him  of  any  school  funds  belonging  to  the 
township,  but  before  said  order  shall  issue,  such  treasurer  shall  fur- 
nish the  superintendent  with  a  certificate  from  the  township  clerk  that 
said  treasurer  has  executed  and  filed  with  him  a  proper  bond,  and  also 
stating  the  amount  of  said  bond  ;  and  the  county  superintendent  shall 
not  permit  the  said  treasurer  to  have  in  his  hands,  at  any  one  time,  an 
amount  of  school  funds  over  one-half  the  amount  of  the  penalty  in 
such  bond  ;  and  the  township  board  of  education  shall  allow  the  town- 
ship treasurer  a  compensation  equal  to  one  per  cent  on  all  school 
funds  disbursed  by  him,  to  be  paid  on  the  order  of  the  township  clerk 
out  of  the  said  school  funds. 

42.  (As  amended  1865.)  The  township  treasurer  shall  annually,  be- 
tween the  fifteenth  day  of  August  and  first  day  of  September,  settle 
with  the  county  superintendent,  and  account  to  him  for  all  money 
received,  from  whom,  and  on  what  account,  and  the  amount  paid  out 
for  school  purposes  in  his  township.  The  county  superintendent  shall 
examine  the  vouchers  for  such  payments,  and,  if  satisfied  with  the 
correctness  thereof,  shall  certify  the  same  ;  which  certificate  shall  be 
a  discharge  of  such  treasurer  ;  and  at  the  expiration  of  his  term  of 
service,  said  treasurer  shall  deliver  over  to  his  successor  in  office  all 
books  and  papers,  with  all  money  or  other  property  in  his  hands 
belonging  to  said  township,  or  to  schools  therein,  and  also  all  orders 
he  may  have  redeemed  since  his  last  annual  settlement  with  the  coun- 
ty superintendent,  and  take  receipt  therefor,  which  he  shall  deposit 
with  the  township  clerk  within  ten  days  thereafter. 

43.  In  case  the  township  treasurer  shall  fail  to  make  such  annual 
■  settlement  within  the  time  prescribed  in  the  preceding  section,  he 

shall  forfeit  fifty  dollars,  to  be  recovered  before  any  court  having  juris- 
diction, in  the  name  of  the  state  of  West  Virginia,  for  the  use  of  free 
schools  in  the  proper  township  ;  and  it  is  made  the  duty  of  the  town- 
ship clerk  to  proceed  forthwith,  in  case  of  such  failure,  by  suit  against 
such  treasurer,  to  recover  the  penalty  aforesaid  ;  but  when  it  shall 
appear  on  trial,  to  the  satisfaction  of  the  court,  that  said  treasurer  was 
prevented  from  making  such  settlement  within  the  time  prescribed, 
by  sickness  or  unavoidable  absence  from  home,  and  that  such  settle- 


Free  School  Law.  17 

ment  has  since  been  actually  made,  the  court  shall  discharge  such 
treasurer  on  the  payment  of  costs. 

44.  f  As  amended  1865.)  It  shall  be  the  duty  of  the  several  township  School  houses 

^  '  -iiz-T-  1-1.        aud  school  honse 

boards  of  education,  so  soon  as  practicable  alter  Their  township  has  sites. 

been  sub-divided  as  provided  in  the  sixth  section  of  this  act,  to  pro- 
vide school  houses  in  such  locations  as  will  best  accommodate  the  ma- 
jority of  the  inhabitants  of  such  sub- divisions,  and  to  furnish  them 
with  such  furniture  and  other  appendages  as  are  necessary  to  the 
comfort,  health  and  progress  of  the  pupils;  aud  for  this  purpose  they  ^ax  iv  district 
are  hereby  empowered  to  levy  a  tax  of  twenty  cents  on  the  hundred  to  irovidf  sama. 
dollars,  on  the  taxable  property  of  the  district ;  which  tax  shall  be 
assessed  by  the  township  clerk,  upon  the  basis  of  the  last  valuation 
for  state  purposes  ;  and  a  duplicate  of  such  assessment  shall  be  deliv- 
ered to  such  collector  as  may  be  appointed  by  the  board  ;  and  when 
collected  shall  be  paid  over  to  such  treasurer  as  the  board,  under 
proper  regulations  looking  to  the  security  of  the  fund,  may  appoint ; 
and  the  amounts  so  collected  and  paid  over,  together  with  all  gifts,  Building  fund, 
grants,  donations  and  devises,  which  may  be  made  for  such  purpose, 
shall  constitute  a  building  fund,  to  be  exclusively  -appropriated  to  the 
purchase  of  sites  for  school  houses,  the  construction  and  furnishing  of 
the  same,  or  for  the  rent,  hire  or  repair  of  such  property  for  the  use 
of  the  free  schools  of  the  district. 

45.  Wherever  shool  houses,  school  house  sites  or  other  property,  is  Houses  and  sites 
now  held  by  trustees  or  others  for  the  use  of  schools,  the  board  of  '°  Present  use. 
education  of  the  township  in  which  such  property  is  held,  shall  pro- 
cure conveyance  of  the  same  for  the  use  of  free  schools,  wherever 
practicable,  and  shall  cause  all  such  property  to  be  valued  by  three 
disinterested  persons  not  resident  within  the  sub- division  in  which 

such  property  is  located  ;  and  the  amount  of  such  valuation  shall  be 
credited  to  the  inhabitants  of  the  sub-division  in  which  such  property 
is  located,  on  their  annual  assessment  for  building  purposes. 

46.  It  shall  be  the  duty  of  the  boards  of  education  within  the  several  Examination  of 
townships,  as  soon  as  practicable  after  the  passage  of  this  act,  and  on  '''"^®' 

a  day  to  be  appoiated  by  the  county  superinteudent,  to  examine,  in 
connection  with  the  county  superintendent,  all  the  school  houses  and 
school  property  within  their  district,  and  of  which  they  may  have  re- 
ceived conveyance ;  and  all  such  school  houses  as  are  conveniently 
and  properly  located,  and  are  deemed  sufficient  or  capable  of  being 
rendered  so  by  repair  or  alteration  of  structure,  shall  be  established 
as  the  school  houses  of  the  respective  sub-divisions  within  which  they 
are  located ;  and  all  bouses  which  are  inconveniently  or  improperly 
located,  or  insufficient  and  incapable  of  being  rendered  sufficient  by  a 
reasonable  expenditure,  shall  be  condemned  and  sold  at  public  sale, 
the  proceeds  thereof  being  added  to  the  building  fund. 

47.  No  new  school  house  shall  be  erected,  or  an  old  one  improved,  ^"7r*jftindenu 
unless  the  plan  thereof  shall  have  been  submitted  to  the  county  super-  respecting  school 
intendent,  and  approved  by  him;  and  it  is  hereby  made  the  duty  of 
the  county  superintendent,  to  acquaint  himself  with  the  principles  of 
school  house  architecture,  and  in  all  his  plans  for  such  structures,  to 
have  regard  to  economy,  coavenienco  and  durability  of  structure. 


is 


Free  School  Law. 


Authority  of 
boards  of  educa- 
tion to  borrow 
money  for  build- 
ing purposes. 


Condemnation 
of  land  for  school 
house  sites. 


School  property 
exempted  Irom 
taxation  and 
execution. 

School  year  and 
month. 


Board  of  school 
fund. 


Officers  of  same. 


And  in  order  to  aid  the  county  superintendents  in  this  branch  of  their 
duties,  it  is  hereby  made  the  duty  of  the  state  superintendent  to  fur- 
nish, at  the  expense  of  the  school  fund,  the  office  of  each  county  su- 
perintendent within  the  state,  with  one  copy  of  *' Barnard's  School 
House  Architecture,"  or  such  other  standard  work  upon  the  subject 
as  he  may  prefer;  such  work  to  be  kept  in  the  office  of  the  county  su- 
perintendent for  consultation  and  reference,  and  to  be  delivered  by 
him  to  his  successor. 

48.  The  board.s  of  education  of  the  several  townships  may  borrow 
money  for  building  purposes  upon  the  credit  of  the  building  fund,  but 
no  greater  amount  of  money  shall  be  borrowed  at  any  one  time  than 
the  proceeds  of  the  fund  for  five  3'ears  would  be  sufficient  to  liquidate, 
nor  shall  the  building  fund  of  any  township  be  pledged  for  any  debt 
for  a  longer  period  than  five  years. 

49.  When  land  has  been  designated  by  the  board  of  education  of 
any  township  as  a  suitable  location  for  a  school  house  and  the  neces- 
sary buildings,  or  for  the  enlarging  of  a  school  house  lot,  if  the  owner 
or  owners  refuse  to  sell  the  same,  or  demand  a  price  therefor  which  is 
deemed  by  the  board  unreasonable,  the  board  of  education  may  peti- 
tion the  circuit  court  of  their  county  to  have  such  lot  of  ground  con- 
demned for  the  use  of  public  schools,  and  to  have  a  jury  of  viewers 
appointed,  to  consist  of  three  discreet  persons  not  resident  within  the 
township  within  which  such  land  is  located,  who,  being  duly  sworn  or 
affirmed  faithfully  and  impartially  to  try  all  matters  submitted  to  them, 
shall  assess  the  value  of  such  land,  and  upon  due  return  being  made 
of  such  assessment,  and  the  amount  thereof  being  paid  or  tendered  to 
the  owner  or  owners  of  the  land  in  question,  the  said  board  may  enter 
thereon  and  use  such  land  for  school  house  purposes  :  Provided,  that 
no  land  shall  be  taken  which  shall  exceed  in  quantity  one  acre. 

50.  All  school  houses,  school  house  sites  and  other  property  for  the 
use  of  free  schools,  shall  be  exempt  from  taxation,  and  also  from  sale 
on  execution,  or  other  process  in  the  nature  of  an  execution. 

51.  The  school  year  shall  commence  on  the  first  day  of  September, 
and  all  reports,  settlements,  and  so  forth,  shall  be  made  in  reference 
to  that  day.  The  school  month  shall  be  held  to  consist  of  twenty-two 
days  in  all  contracts  with  teachers,  and  other  operations  of  the  boards 
of  education  ;  and  no  school  shall  be  kept  in  operation  for  the  pur- 
poses of  ordinary  instruction  on  any  Saturday  ;  but  it  shall  be  taken 
as  part  of  the  contract  with  every  teacher,  that  two  Saturdays  of  every 
month  shall  be  devoted  by  the  teachers  of  each  district  to  appropriate 
exercises  for  mutual  improvement,  under  such  regulations  as  the  board 
of  education,  under  the  instructions  of  the  county  superintendent, 
may  designate. 

52.  (Repealed  by  act  of  March  2,  1864.) 

53.  The  governor,  auditor,  treasurer,  secretary  of  the  state,  and  the 
general  superintendent  of  free  schools,  shall  be  a  corporation  under 
the  name  of  "The  board  of  the  school  fund,"  and  shall  have  the 
management,  control  and  investment  of  said  fund,  under  the  first  sec- 
tion of  the  tenth  article  of  the  constitution. 

54.  The  governor  shall  be  the  president  of  the  board,  and  in  his 


same. 


Free  School  Laiu.  19 

absence  the  board  may  choose  one  of  their  numbei-  to  officiate  tempo- 
rarily in  his  place.  The  auditor  shall  be  the  secretary  of  the  board. 
A  faithful  record  shall  be  kept  of  all  their  proceedings,  and  a  copy 
thereof,  certified  by  the  secretary  of  the  board,  shall  be  evidence  in 
all  cases  in  which  the  original  would  be. 

55.  A  meeting  of  the  board  may  be  held  at  any  time,  upon  the  call  proceedings  of 
of  any  member  thereof,  provided  notice  be  given  to  all  the  members 
who  may  be  at  the  seat  of  government.     The  auditor's  office  shall  be 
the  place  of  meeting,  and  the  proceedings  shall  be  signed  by  the  pres- 
ident of  the  meeting  for  that  day,  and  shall  be  open  to  inspection  at 

all  times. 

56.  All  money  which  ought  to  be  paid  into  the  treasury  to  the  credit  Recovery  of 
of  the   school  fund  shall  be  recoverable  with  interest,  by  action  or  Bchoo[fiind. 
motion,  in  any  court  having  jurisdiction  ;  and  the  auditor  shall  insti- 
tute and  prosecute  said  action  or  motion  when  thereto  directed  by  the 

board. 

57.  The  board  may  appoint  agents  for  the  collection  of  debts  or  ^g^e^°4°l)'^®board 
claims,  and  authorize  them  to  secure  payment  thereof,  and  protect  the  of  ^^^  school 
interests  of  the  school  fund,  on  such  terms  as  it  may  approve.     They 

shall  take  bond  from  said  agent  if  any  money  is  to  come  into  his 
hands  ;  and  any  agent  selling  lands  when  directed  to  do  so  by  the  . 
board,  shall  execute  a  deed  (with  the  resolution  giving  such  direction 
thereto  annexed,)  conveying  to  the  purchaser  by  special  warranty. 
Said  agent  may  be  allowed  by  the  board  a  compensation  not  exceed- 
ing in  any  case  five  per  cent,  on  the  money  actually  paid  into  the 
treasury. 

58.  The  board  shall  from  time  to  time  invest  all  the  uninvested  cap-  investmeut  of 
ital  and  interest  of  the  school  fund  in  interest-bearing  securities  of  the  schooUund. 
United  States  or  of  this  State,  as  provided  for  in  the  constitution. 

59.  The  auditor  shall  be  the  accountant  of  the  board,  exercising  Duties  of  au- 

-    ,     .  .  ,  .    ,  dit  ir  as  member 

any  of  their  powers,  except  that  he  shall  not,  without  special  author-  of  the  board, 
ity  entered  upon  the  records   of  their  proceedings,   dispose  of  any 
property,  or  invest  any  money  of  the  school  fund.     He  shall  place  the 
securities  in  which  said  school  fund  is  iuvested,  in  such  depository  for  ^ 

safe  keeping,  as  the  board  shall  direct. 

60.  The  auditor,  shall  annually,  before  the  first  day  of  November,  His  annual  re- 
deliver  to  the  governor  and  to  the  general  superintendent  of  free  school  fund, 
schools,  each,  a  report  made  up  to  the  first  day  of  October  next  pre- 
ceding, of  the  condition  of  the  school  fund,   with  an  abstract  of  the 

accounts  thereof  in  his  office  ;  which  report  the  general  superinten- 
dent shall  lay  before  the  legislature  in  his  next  annual  report  to  that 
body. 

61.  All  money  belonging  to  the  school  fund  shall  be  received  into  Payment  into 
and  paid  out  of  the  treasury,  upon  the  warrant  of  the  auditor.     But  di'-''buSint''of 
no   warrant  for   paying  out  such  money  shall  be  issued  without  the  ^"'"'"'  ''^"'"y- 
authority  of  the  board. 

62.  All  acts  and  laws  heretofore  existing  in  this  state,  in  any  way  Laws  repealed, 
inconsistent  with  the  provisions  of  this  act,  are  hereby  repealed. 

Sec  2.     (Of  the  act  of  1805.)   The  state  superintendent  of  free  DutyofSfato 
schools  may  prescribe  a  series  of  class  books  to  be  used  in  the   free  ""s'^pccUn "  t^xt 
Bchoola  throughout  the  state.  ^^^*'- 


20  Iree  Schools  of  Wheeling. 

From  Chap.  89,  Ads  of  ISGZ. 

19.  The  voters  of  each  township,  at  any  legal  annual  meeting,  or 
at  a  special  meeting  duly  called  for  the  purpose,  if  the  votes  in  favor 
of  the  proposition  are  two-thirds  of  the  whole  number  given,  or  equal 
in  number  to  a  majority  of  all  the  voters  of  the  township,  in  addition 
to  all  taxes  required  by  law  to  be  levied  on  the  property  of  their  town- 
ship, may  levy  taxes  on  such  property  for^the  following  purposes, 
within  the  limits  hereinafter  specified  : 

For  the  better  maintenance  and  improvement  of  the  free  schools 
established  by  law  within  their  township,  not  more  in  any  one  year 
than  five  cents  on  every  hundred  dollars  of  the  taxable  value  of 
such  property,  according  to  the  most  recent  legal  assessment  of  the 
same. 
For  procuring  the  necessary  laud  and  erecting  school-houses  and  fur- 
nishing the  same,  not  more  in  any  one  year  than  five  cents  on  every 
one  hundred  dollars  of  such  value  ; 

But  nothing  in  this  section  contained  shall  prevent  the  township 

making  contracts  for  any  of  the  above  purposes,  if  the  payments  on 

account  thereof  are  so  arranged  that  the  annual  appropriation  required 

to  meet  the  same  shall  not  exceed  the  amount  by  this  section  author- 

■  ized  to  be  raised  by  taxation  for  such  purpose  in  any  one  year. 


Chap  93. — An  ACT  to  provide  Free  Schools  for  the  City  of 

Wheeling. 

Passed  March  2, 1865. 
Be  it  enacted  by  the  Legislature  of  West  Virginia  : 
School  district.        1-  The  city  of  Wheeling  and  parts   of  townships  connected  tbere- 
with  shall  constitute  but  one  school  district ;  and  the  board  of  educa- 
Boardoi"  educa-  i\q^^  thereof  shall   consist  of  three  commissioners  from   each  of  the 
*'"°'  townships  of  the  district,  elected  by  the  qualified  voters  thereof  in  con- 

formity with  the  provisions  of  the  second  section  of  "an  act  for  the 
establishment  of  a  system  of  free  schools,"  passed  December  tenth, 
eighteen  hundred  and  sixty-three.     The  official  term  of  all  commis- 
sioners elected  under  this  act  shall  commence  on  the  first  day  of  July 
next  succeeding  the  time  of  their  election. 
Rightsaud  pow-      2.  The  board  of  education  for  the  school  district  of  Wheeling  shall 
ersof  board.        ]^g  invested  with  the  same  rights,  and  shall  exercise  the  same  powers 
and  perform  the  same  duties,  as  appertain  to  the  boards  of  education 
of  the  several  townships  by  the  "act  providing  for  the  establishment 
of  a  system  of  free  schools,"  passed  December  tenth,  eighteen  hundred 
and  sixty-three,  except  so  far  as  shall  be  otherwise  provided  in  this 
cierit  of  board,    ^ct.     The  said  board  shall,  at  their  first  meeting,    elect  one  of  their 
number  clerk,  who  shall  perform  all  the  duties  which  are  devolved  by 
the  last  mentioned  act  upon  clerks  of  townships  as  secretaries  of  boards 
of  education,  but  shall  not  in  consequence  of  being  clerk  be  deprived  of 
his  right  to  vote  upon  any  question  pending  before  the  board.     Wher- 
ever the  word  "township"  occurs  in  the  act  above  mentioned,  it  shall 
be  construed  to  mean  "school  district"  whenever  necessary  to  give 
Treasnrfcr  of  dis  effect  to  the  provisions  of  this  act.     The  treasurer  of  Ohio  county  shall 
triutinnd,  ^^^  treasurer  of  all  the  funds  for  school   purposes  belonging  to  the 

school  district  of  Wheeling,  and  he  shall  conform  to  all  the  require- 
Meetin^sof  merits  made  of  township  treasurers  in  regard  to  funds  for  school  pur- 
bol^'""" "  puses.     Said  board  of  education  may  hold  stated  meetings  at  such 


Free  /Schools  of  Wheeling.  21 

times  as  they  may  appoint,  ten  members  of  taid  board  at  all  meetings 
thereof  constituting  a  qaoi-um  for  business  ;  and  special  meetings 
thereof  may  be  called  by  their  president  or  at  the  request  often  mem- 
bers, by  the  clerk,  on  giving  one  day's  notice  of  the  time  and  place  of 
the  same. 

3.  The  board  of  education  of  the  school  district  of  Wheeling  shall  P"maryBchooi8. 
have  power  to  establish  in  said  district  an  adequate  number  of  prima- 
ry schools,  in  which  the  rudiments  of  education  shall  be  taught;   and 

they  shall  have  power  to  divide  the  said  district  into  sub-districts,  and 

to  establish  in  each  of  said  sub-districts  a  grammar  school,  to  be  so  loca-  school^.*' 

ted  as  best  to  accommodate  the  inhabitants  thereof,  in  which  shall  be 

taught  such  of  the  common  branches  of  education,  and  to  such  extent 

as  the  said  board  shall  prescribe  ;  and  said  board  may  also  have  power  High  schools. 

to  establish  a  central  high  school,  in  which  shall  be  taught  algebra, 

geometry,  natural  philosphy,  chemistry,  philosophy,  with  such  other 

branches  of  mathematics,  or  natural  sciences  or  literature,  as  the  board 

may  determine,  including  such  as  may  be  necessary  for  the  admission 

of  pupils  to  the  colleges  of  this  or  neighboring  states. 

4.  Admission  to  the  various  schools  in  this  system  shall  be  gratu-  ^^a'',.^ua'*^cliooir 
itous  to  all  white  children,  wards  and  apprentices  of  actual  residents 

in  said  district,  between  the  ages  of  six  and  twenty-one  years,  and  the 
board  of  education  shall  have  power  to  admit  to  said  schools  other 
pupils,  not  under  the  age  of  six  years,  upon  such  terms  or  upon  the 
payment  of  such  tuition  as  they  may  prescribe,  provided  that  no  pupil 
shall  be  admitted  to  the  grammar  schools  who  fails  to  sustain  a 
thorough  examination  in  the  studies  of  the  primary  schools,  and  no 
pupil  shall  be  admitted  to  the  high  school  who  fails  to  sustain  a 
thorough  examination  in  the  various  studies  of  the  grammar  schools  ; 
and  provided  further,  that  the  said  board  shall  have  power  to  make 
and  enforce  rules  for  the  exclusion  of  children  when  their  attendance 
would  be  dangerous  to  the  health  or  detrimental  to  the  morals  or  dis- 
cipline of  the  school. 

5.  Said  board  shall  have  power  to  make  all  necessary  rules  and  reg-  rowers  of  board 
ulations  for  the  government  of  said  schools;  for  the  admission  of  pupils  ofpducation. 
therein,  and  for  the  examination  that  pupils  must  pass  preparatory  to 
admission  into  the  schools  of  higher  grade  than  the  primary ;  to  pur- 
chase all  necessary  stationery,  text  books  and  books  of  reference  for 

the  use  of  teachers  and  indigent  children,  and  to  incur  all  other  ex- 
penses necessary  to  make  the  system  efficient  for  the  purposes  for 
whifeft  it  is  established,  and  to  pay  the  same  from  the  school  funds 
of  said  district.  d-  t  •  t        ■• 

6.  The  board  of  education  of  said  school  district  shall,  annually,  at  tendent.^"^''""" 
their  first  meeting  in  July,  or  at  the  same  meeting  adjourned,  elect 

and  fix  the  salary  of  the  superintendent  of  schools  of  the  district  of 
W'tieeling,  whose  duly  it  shall  be  to  perform,  in  and  for  the  school  dis-  His  duty, 
trict  of  Wheeling,  all  the  duties  which  in  the  general  school  law  of  the 
state  are  devolved  on  county  superintendents,  so  far  as  they  are  not 
inconsistent  with  or  superceded  by  the  provisions  of  this  act ;  also  such 
other  appropriate  duties  as  agent  of  the  board  as  said  board  may  de- 
volve upon  him;  but  the  said  board  shall  have  power  to  appoint  a  com-  committee  of  ex- 
mittee,  which  shall  include  said  superintendent,  and  whose  duty  it  shall  amination. 
be  to  examine  teachers  and  grant  certificates  in  accordance  with  the 
provisions  of  the  thirty-fifth  section  of  the  general  school  law. 

7.  The  provisions  of  the  general  school   law,  in  regard  to  county  General  school 
superintendents,  shall  be  held  applicahle  in  Ohio  county  only  to  the  district.'"  '^'^^'^^ 
schools   of  those   townships  not   included  in   the  school  district   of 
"Wheeling. 

8.  The  state  superintendent,   in   his  report   to  the  auditor,   shall  Puty  of  state  bu- 
specify  separately  the  results  of  enumerations  oi  youth  in  the  school  auditor, 
district  of  Wheeling,  and  in  the  remainder  of  the  county.     And  the  • 
auditor  in  apportioning  money  for  school  purposes  shall  apportion  to 

the  school  district  of  Wheeling  and  the  rest  of  the  county  separately. 


INDEX. 


SEC 

Accounts  apainst  township  boards  9 
Agents  for  Board  of  School  Fund,.  57 
Assessor    to    levy    the    township 

assessment, 39 

Audi  for— duties  of. 36,  38,  54,  59,  60 

Board  of  Education, 4 

May  borr)w  money, 48 

Visits  and  i-eport  of. 7 

Settlements  with  township  treas....       7 

Board  of  School  Fund. 

Officers  of 53,  54 

Meetings  of.... 55 

Recovery  of  money  due, 56 

Appointment  of  agents, ,.     57 

Bond — of  State  Superintendent, 27 

of  County  Superintendent, 18 

of  Township  treasurer, 40,  41 

Books — text.     Sec.  2,  law  of  Feb  25, 

1865 

Certificates  of  teachers, 35 

Clerk  of  township, 5,  7 

Condemnation  of  land   for  school 


purposes,. 
Condition  precedent  to  the  distri- 


49 


bution  of  the  State  fund, 13 

Counii/  Superintendent. 

Election  of. 18 

Duties  of 20,  21;,  22,  23,  24,  47 

Removal  of 1 19 

Salary  of 25 

Commissioners^  School. 

Election, 2 

Qualifications, 3 

Vacancies, 3 

Duties, 6,  7.  8,  10,  11,  12 

Pay, 25 

District  School 6 

Disbursement  of  school  funds,. ..33,  38 

Enumeration  of  youth, 3 

Establishment  of  free  schools, 1 

Examination  of  teachers, 35 

Funds,  School 


General  school  fund, 


86 


Investment  of 5 


£)0 


SEC. 

Disbursement  of 61 

Fines,      confiscations,     forfeiture, 

tax, 37 

Township  levy, 39 

Building  funds 44,  48 

Governor, 
Member  of  the   board   of  school 

fund 53,54 

Bifh  Schools,. - 10,  11,  12 

Begist&r,  School, 15 

Seal  for  Department  of  Free  Schools,     33 
State  Superintendent. 

Election, 26 

Bond, 27 

Duties, 28,  29,  30,  31 

Office, 32 

"      seal  of, 38 

Salary 34 

School  Year  and  Month, 51 

School  Houses. 

Examination  of, 44,  45,  46 

Exempt  from  taxatifti  and  execu- 
tion,       50 

Schools,  District, 6,  7 

Schools,  High, ._ 10,  11,  12 

Schools  for  Colored  Children,, 17 

Soldiers,  entitled  to  tuition, 7 

Supervisors,  duty  of, 25 

Tax,  School, 
Sec.  19,  chap.  89,  Acts  of  Nov.  2, 
1863.      Constitution,    article   X, 

sec.  2 

State, 37 

Township, - 39 

For  building, 44,  48 

Teachers, 7,  14,  16 

Transfer  of  pupils  from  one  Town- 
ship to  another, 8 

Treasurer  of  the  State  member  of  the 

board  of  the  school  fund, 63 

Treasurer,  Township, 7,-40,  41,  42,43 

"  Bond  of, 41 

"  County, 38 

Wheeling  School  Law page  20. 


LAW  LIBRARY 
TTNTVRRSITY  OF  CALljORNTA 

1  rva     AMfiWI.K.S 


Monutoctursd  by 

UAlYLORD  BROS.  Im;. 

SyrocuM.  N.  Y. 

Stockton,  Calif. 


ucsou 


.■s!ISllBr'aOll<lW 


